[HISTORY: Adopted by the Council of the City of New Rochelle 11-21-2012 by Ord. No.
180-2012. Amendments noted where applicable.]
A.
Notice to correct.
(1)
Whenever, in the opinion of the Commissioner of Public Works or his/her
designee, an obstruction or other alteration of the flow through,
across or to any continuously flowing watercourse, i.e., stream, river
or brook, causes the inundation of real property, buildings or other
premises; constitutes an undue burden upon the drainage system; hampers
the proper present or future course of development of the drainage
system; or constitutes, or in the reasonably foreseeable future threatens
to constitute, a danger or hazard to the well-being, safety or general
welfare of the residents of the City or any property located therein,
the Commissioner shall serve a notice to correct upon the owner, owner's
representative, the violator(s) or any other person having a vested
or contingent interest in the property on which the obstruction or
other alteration of the flow is situated or caused.
(2)
Said notice may be served either personally or by certified mail
sent to the last known address of the owner, the owner's representatives
or any other person having a vested interest in the same.
(3)
The notice shall contain a statement describing the obstruction or
other alteration and an order requiring the same to be removed or
corrected.
(4)
The notice shall provide for the removal or correction of the obstruction
or other alteration within 14 days after receipt of the notice.
(5)
Failure of the responsible property owner or violator to remove or
correct the obstruction or alteration within 14 days, as prescribed
in said notice, may result in the issuance of a court appearance summons.
B.
Removal by City.
(1)
In the event that the person or entity upon whom the notice was served pursuant to Subsection A of this section fails or refuses to remove or correct the obstruction or other alteration, the City may enter the property to remove the obstruction or other alteration.
(2)
The costs and expenses incurred by the City in connection with the
actual removal or correction of said obstruction or other alteration
shall be billed to the property owner and if not paid within 30 days,
the City shall file a lien assessed against the landowner's tax
bill on which the obstruction or other alteration is located.
C.
In an emergency situation, as determined and declared by the Commissioner, where there is an immediate or determined threat to life, safety, health and general welfare of the residents of the City due to an obstruction or other alteration of a watercourse, the City may enter private property to perform the required work to attempt to remedy the deficiency without first providing the notice required by Subsection A of this section. Under such circumstance, the City shall bill the cost and expenses of such required work to the property owner in the same manner as provided for in Subsection B of this section. If the City has entered private property pursuant to any subsection of this section. the City shall not be liable for any damages that may occur arising out of the correction or removal of the obstruction or alteration of a watercourse, unless caused by its gross negligence.
It shall be the duty of the Commissioner or designee to enforce
the provisions of this chapter in accordance with the following:
A.
When the Commissioner or designee determines that development activity
is not being carried out in accordance with the requirements of this
chapter, he/she may issue a written notice of violation and order
to correct to the owner or agent of the property or issue a court
appearance ticket, or both. The notice of violation and order to correct
shall contain:
(1)
The name and address of the owner or applicant.
(2)
The street address or a description of the building, structure or
land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the corrective actions necessary to bring the development
activity into compliance with this chapter and the permit, and a time
schedule necessary for completion of such corrective action.
B.
In the event that correction is not completed within the time specified
by the notice of violation and order to correct, a court appearance
ticket shall be issued.
C.
Any notice of violation, served upon the person(s) to whom it is
directed either personally or by mailing a copy of the notice of violation
by certified mail, return receipt requested, to such person at his
or her last known address.
D.
In an emergency situation, as determined by the Commissioner, the City may enter the premises and make necessary corrections utilizing a portion of all of the cash deposit required in § 215-11, cash deposits for compliance; maintenance bond or other surety, of this chapter. The City shall have the authority to assess the costs of the emergency correction in the same manner as real estate taxes.
E.
In addition to or as an alternative to any penalty provided herein
or by law, any person who violates the provisions of this chapter
shall be subject to a fine of not less than $250 and $250 for each
additional day during which the violation continues.
F.
If a person has violated or continues to violate the provisions of
this chapter, the Commissioner may petition for a preliminary or permanent
injunction at a court of jurisdiction restraining the person from
activities which would create further violations or compel the person
to perform abatement or remediation of the violation.
